KAJIAN TENTANG PENYUAPAN SEBAGAI SALAH SATU BENTUK TINDAK PIDANA KORUPSI

WAHYUDI, GINANJAR (2011) KAJIAN TENTANG PENYUAPAN SEBAGAI SALAH SATU BENTUK TINDAK PIDANA KORUPSI. Other thesis, Universitas Sebelas Maret.

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    Abstract

    This research is entitled A Study on bribery as one of corruption crime aims to find out scope and regulation of bribery as one of corruption crime forms in Penal Law as well as to find out the penal law system in the law enforcement of corruption crime. This study belongs to a normative law research using secondary law material sources including primary, secondary and tertiary law materials. Technique of collecting data employed in this research was documenting the secondary law material constituting the legislation, book, journal, article or other document that was then categorized into their own category properly. In this research, the writer employed library study technique to collect and to organize the law material needed. Considering the result of research conducted by the writer, it can be found that bribery is one of corruption crime as governed in the legislation. The bribery crime is governed in the Articles 5 clause (1) letters a and b, 5 clause (2), 6 clause (1) letters a and b, 6 clause (2), 11, 12 letters a, b, and c, 13 of Act Number 20 of 2001 about the Amendment of Act Number 31 of 1999 about Corruption Crime Eradication. The definition of bribery, type of bribery, and provision concerning the bribery crime element are the scope of bribery crime. Then the penal law system in the law enforcement of bribery crime as one of corruption crime forms includes condemnation system and penal law reformation system. Condemnation system consists of functional and substantive aspects. Functional aspect of condemnation system is aimed at the functioning of condemnation system as a whole system (legislation) as criminal concretization and how the penal law is enforced or operated concretely so that someone is sentenced with criminal sanction (punishment). Meanwhile, the substantive aspect is defined as condemnation system as a whole system of material criminal law norm for the condemnation and punishment implementation. The reformation of penal law system is essentially included in penal policy constituting a part closely related to law enforcement policy, criminal policy, and social policy. This aspect can be meant that criminal law reformation is a part of reforming the law substance, how the policy of eradicating crime is in the attempt of protecting society as social defense and social welfare as well as penal law enforcement. The theoretical implication of this research is there should be a comprehensive conception of bribery crime in various aspects for the effectiveness of bribery crime provision implementation, while the practical implication is that this research can be used as the discourse that can give definition about bribery crime as one of corruption crime forms. Keywords: bribery, penal law, corruption crime.

    Item Type: Thesis (Other)
    Subjects: K Law > K Law (General)
    Divisions: Fakultas Hukum > Ilmu Hukum
    Depositing User: Lia Primadani
    Date Deposited: 21 Aug 2013 18:34
    Last Modified: 21 Aug 2013 18:34
    URI: https://eprints.uns.ac.id/id/eprint/10224

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